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2026 DAILYLAW 4284 (CAL)

NILIMA MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/27135/2025 · 2026-01-20

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.01.2026 Sl. No. 16 Ct. No. 14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/27135/2025 NILIMA MAITY VS THE STATE OF WEST BENGAL AND ORS. Mr. Sourav Mitra Ms. Sreyasree Choudhury …for the Petitioner Mr. SM. Samim Ullah …for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondents to disburse the interest amounts towards arrear pension from the date of entitlement till the date of actual payment along with interest at the rate of 18% per annum. 3. The petitioner contends that her father, namely, late Hare Krishna Dinda was a Head Teacher in Sanmajigan Primary School under Amarshi Circle in the district of Purba Medinipur, who retired on 30th June, 2000 on superannuation and died on 7th October, 2019. The mother of the petitioner pre-deceased her father and expired on 23rd December, 2018. The husband of the petitioner expired on 7th September, 2002. The petitioner being the widowed daughter of the deceased employee, namely, Hare Krishna Dinda was granted family pension on 2nd May, 2025 in terms of Government Circular dated 10th January, 2008. The petitioner received arrear pension on 16th June, 2025. However, no interest on the arrear pension was paid to the petitioner. Hence this writ petition. 4. Mr. Sourav Mitra, learned advocate for the petitioner submits that by dint of a Circular dated 10th January, 2008 the petitioner being the widowed daughter is entitled to receive pensionary benefits, and as such, the petitioner seeks for interest on pensionary benefits and arrear amount from such date. He relies on the decision of a Co-ordinate Bench passed in Suchitra Shasmal versus State of West Bengal & Ors. (WPA 21260 f 2024). 5. None appears on behalf of the State. 6. Mr. SM. Samim Ullah, learned advocate, who usually appears for the State, is requested to appear in this matter. Let his appointment be regularised. 7. The petitioner is directed to hand over a copy of the writ petition along with the annexures to Mr. SM. Samim Ullah, learned advocate for the State. 8. Mr. SM. Samim Ullah, learned advocate for the State leaves the matter to the discretion of the Court. 9. In view of the contentions raised in the writ petition, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3-Treasury Officer, Egra, P.O. Egra, Purba Medinipur is directed to pay the interest at the 2 rate of interest @ 8% per annum on the arrear of pension in favour of the petitioner by way of the pensionary benefits on and from 8th October, 2019 till the date of issuance of the Pension Payment Order. 10. With the aforesaid directions, the writ petition being WPA 27135 of 2025 is disposed of. 11. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 12. There shall be no order as to costs. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 3